Teller County Sheriff’s Office responds to ACLU lawsuit
The Teller County Sheriff’s Office responded Friday to a lawsuit that was filed this week by the American Civil Liberties Union over the detention of a suspected undocumented immigrant.
Sheriff Jason Mikesell is being sued by the ACLU because the organization says Mikesell doesn’t have the authority to hold inmates based on a detention request from ICE based on a previous ruling by a Colorado district judge.
But Mikesell disagrees, saying, “Unless I thought I was going to win something, I darn sure wouldn’t have started this.” He says he has full authority from the federal immigration agency.
The suit revolves around one man, Leonardo Canseco-Salinas. He’s being held on two misdemeanor charges with a bond of $800. He says he’ll pay the bond, but he was told he’ll still be held on the immigration detainer request, according to the ACLU.
A similar lawsuit was brought by the ACLU against El Paso County Sheriff Bill Elder. A district judge ruled that Elder didn’t have authority to hold inmates based solely on a detainer request from ICE.
Mikesell said during a news conference Friday that he was prepared to fight the lawsuit because his goal is “to protect the community.”
“These detainees have committed crimes in my community and throughout the U.S. such as sexual assault, drug manufacturing, and attempted homicides,” Mikesell said.
But Mikesell wouldn’t provide information on what Canseco was charged with.
We found out Canseco isn’t facing any felony charges for violent crimes or drug crimes. He’s facing misdemeanor charges of gambling fraud and possession of a fraudulent instrument.
The ACLU says his misdemeanor charges stem from an incident at a Cripple Creek casino. Canseco found an unoccupied slot machine with $8 credit inside, and he put his own $20 inside — he spent the other person’s $8 plus another 25 cents. That money has since been paid back.
A judge will next hear Canseco’s case on Aug. 15.
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Teller County Sheriff Jason Mikesell is being sued by the American Civil Liberties Union over the detention of a single man suspected of being in the country illegally.
The ACLU filed the lawsuit Monday saying Mikesell is violating Colorado law by “continuing to jail an individual who is eligible for release, at the request of Immigration and Customs Enforcement.”
It’s over the detention of Leonardo Canseco, who’s being held on two misdemeanor charges with a bond of $800. The ACLU says Mikesell is “acting on a detainer request from immigration authorities, who suspect that Canseco is removable from the country.” That means Canseco would remain in jail if he posted bond for the misdemeanor charges.
We’ve reached out to the Teller County Sheriff’s Office for information on Canseco’s immigration status and charges. No official response to the lawsuit has been issued at this time.
The ACLU says “Colorado sheriffs have no authority to enforce federal immigration law.”
A similar lawsuit was filed against El Paso County Sheriff Elder for his ICE detention holds, and in March, a judge ordered Elder to release two prisoners and to “stop relying on ICE detainer requests ad grounds for refusing to release individuals.” Despite that lawsuit, a deal between the county and ICE was renewed this year.
